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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I have questions about UAE labor law

تم تقييم هذه الإجابة:
I have questions about UAE labor law
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu dhabi
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes, my employer is trying to change my end of services benefits which are stipulated by law.

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الرد من العميل

they have asked me to sign a document that will reduce my end of service benefits by 66%. Is this legally acceptable by the courts?

الرد من العميل

The new form says I have read and understood the new remuneration but I cannot read it as it’s in Arabic- in which case will the courts accept that I could not have read and understood this before signing?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                
Thanks for joining and trusting us, much appreciated!

We would like to inform you that you shall not sign any documents that are written in an incomprehensible language, and that the law does not allow for the reduction of the end of service entitlements. However, if the worker agrees to do so and signs any document that allows for the reduction of the end of service entitlements, this may allow the employer to adhere to this signature if the worker filed a complaint against the employer. We reiterate our advice that you shall not sign any documents that have been written with a language you don't understand.
as stipulated in UAE labor law:
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.

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Kind Regards,

الرد من العميل

Thank you for your prompt and clear advice!

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear customer
welcome again
I am happy to receive your inquiry and respond to it.

I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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